Text of AB 1795, Assemblymember Luis Alejo's proposed rules for filling City Council vacancies by SantaCruzSentinel

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									          california legislature—2013–14 regular session

ASSEMBLY BILL                                                No. 1795


              Introduced by Assembly Member Alejo


                          February 18, 2014



   An act to amend Sections 1770 and 36512 of the Government Code,
relating to local government.

                     legislative counsel’s digest
   AB 1795, as introduced, Alejo. Cities: city council: vacancy.
  Existing law provides that an office becomes vacant upon the
happening of, among other things, the resignation of the person from
office before the expiration of the term.
  This bill would provide that, in the case of the office of city council
member, the office becomes vacant upon the delivery of a letter of
resignation by the reigning council member to the city clerk.
  Existing law requires a city council, within 60 days of a vacancy in
an elective office, to fill that vacancy by appointment or call a special
election to fill the vacancy, as specified.
  This bill would authorize a resigning city council member to cast a
vote on the appointment of his or her successor if the resignation will
go into effect upon the appointment of the successor, where the vacancy
occurs on the city council of a city that elects city council members by
or from districts and the city council has elected to fill the vacancy by
appointment.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.




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      AB 1795                           —2—

             The people of the State of California do enact as follows:

  line 1       SECTION 1. Section 1770 of the Government Code is amended
  line 2    to read:
   line 3      1770. An office becomes vacant on the happening of any of
  line 4    the following events before the expiration of the term:
  line 5      (a)  The death of the incumbent.
   line 6     (b)  An adjudication pursuant to a quo warranto proceeding
  line 7    declaring that the incumbent is physically or mentally incapacitated
   line 8   due to disease, illness, or accident and that there is reasonable
  line 9    cause to believe that the incumbent will not be able to perform the
line 10     duties of his or her office for the remainder of his or her term. This
 line 11    subdivision shall not apply to offices created by the California
line 12     Constitution nor to federal or state legislators.
line 13       (c)  (1)   His or her resignation, except as provided in paragraph
line 14     (2).
 line 15      (2)  In the case of the office of city council member, upon the
line 16     delivery of a letter of resignation by the resigning council member
line 17     to the city clerk.
line 18       (d)  His or her removal from office.
line 19       (e)  His or her ceasing to be an inhabitant of the state, or if the
line 20     office be local and one for which local residence is required by
line 21     law, of the district, county, or city for which the officer was chosen
line 22     or appointed, or within which the duties of his or her office are
line 23     required to be discharged.
 line 24      (f)  His or her absence from the state without the permission
line 25     required by law beyond the period allowed by law.
line 26       (g)  His or her ceasing to discharge the duties of his or her office
line 27     for the period of three consecutive months, except when prevented
 line 28    by sickness, or when absent from the state with the permission
line 29     required by law.
line 30       (h)  His or her conviction of a felony or of any offense involving
line 31     a violation of his or her official duties. An officer shall be deemed
 line 32    to have been convicted under this subdivision when trial court
line 33     judgment is entered. For purposes of this subdivision, “trial court
line 34     judgment” means a judgment by the trial court either sentencing
 line 35    the officer or otherwise upholding and implementing the plea,
line 36     verdict, or finding.
line 37       (i)  His or her refusal or neglect to file his or her required oath
line 38     or bond within the time prescribed.

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   line 1     (j)  The decision of a competent tribunal declaring void his or
   line 2   her election or appointment.
   line 3     (k)  The making of an order vacating his or her office or declaring
   line 4   the office vacant when the officer fails to furnish an additional or
   line 5   supplemental bond.
   line 6     (l)  His or her commitment to a hospital or sanitarium by a court
   line 7   of competent jurisdiction as a drug addict, dipsomaniac, inebriate,
   line 8   or stimulant addict; but in that event the office shall not be deemed
   line 9   vacant until the order of commitment has become final.
 line 10      (m)  (1)  The incumbent is listed in the Excluded Parties List
line 11     System and all of the following subparagraphs apply:
 line 12      (A)  The office is one that the incumbent holds ex officio, by
line 13     virtue of holding another office, or as an appointee.
line 14       (B)  The appointed or ex officio office is on the governing board
line 15     of a local agency that is, or may reasonably be expected to be, a
line 16     participant or principal in a covered transaction, pursuant to federal
line 17     law.
 line 18      (C)  A federal agency head or designee has not granted the
line 19     incumbent an exception, in writing, permitting the incumbent to
line 20     participate in a particular covered transaction in which the local
line 21     agency is, or may reasonably be expected to be, a participant or
line 22     principal.
line 23       (2)  For purposes of this subdivision, the following terms have
line 24     the following meanings:
line 25       (A)  “Excluded Parties List System” means the list maintained
line 26     and disseminated by the federal General Services Administration
 line 27    containing names of, and other information about, persons who
line 28     are debarred, suspended, disqualified, or otherwise excluded from
line 29     participating in a covered transaction, pursuant to federal law.
 line 30      (B)  “Local agency” includes, but is not limited to, a county,
 line 31    whether general law or chartered, city, whether general law or
line 32     chartered, city and county, school district, municipal corporation,
line 33     district, political subdivision, or any board, commission, or agency
line 34     of one of these entities.
  line 35     (C)  “Federal law” includes, but is not limited to, federal
  line 36   regulations adopted pursuant to Section 2455 of Public Law
line 37     103-355 (108 Stat. 3327), Executive Order No. 11738, Executive
line 38     Order No. 12549, and Executive Order No. 12689.
line 39       (3)  This subdivision shall not apply to an elective office.


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      AB 1795                            —4—

   line 1       SEC. 2. Section 36512 of the Government Code is amended
  line 2     to read:
  line 3        36512. (a)  If a vacancy occurs in an appointive office provided
    line 4   for in this chapter, the council shall fill the vacancy by
  line 5     appointment. A person appointed to fill a vacancy holds office for
  line 6     the unexpired term of the former incumbent.
  line 7       (b)  If a vacancy occurs in an elective office provided for in this
  line 8     chapter, the council shall, within 60 days from the commencement
   line 9    of the vacancy, either fill the vacancy by appointment or call a
line 10      special election to fill the vacancy. The special election shall be
line 11      held on the next regularly established election date not less than
line 12      114 days from the call of the special election. A person appointed
line 13      or elected to fill a vacancy holds office for the unexpired term of
line 14      the former incumbent.
line 15        (c)  Notwithstanding subdivision (b) and Section 34902, a city
line 16      may enact an ordinance that does any of the following:
line 17        (1)  Requires that a special election be called immediately to fill
 line 18     every city council vacancy and the office of mayor designated
line 19      pursuant to Section 34902. The ordinance shall provide that the
 line 20     special election shall be held on the next regularly established
line 21      election date not less than 114 days from the call of the special
line 22      election.
line 23        (2)  Requires that a special election be held to fill a city council
line 24      vacancy and the office of mayor designated pursuant to Section
 line 25     34902 when petitions bearing a specified number of verified
line 26      signatures are filed. The ordinance shall provide that the special
 line 27     election shall be held on the next regularly established election
 line 28     date not less than 114 days from the filing of the petition. A
line 29      governing body that has enacted such an ordinance may also call
line 30      a special election pursuant to subdivision (b) without waiting for
line 31      the filing of a petition.
line 32        (3)  Provides that a person appointed to fill a vacancy on the city
line 33      council holds office only until the date of a special election which
line 34      shall immediately be called to fill the remainder of the term. The
 line 35     special election may be held on the date of the next regularly
line 36      established election or regularly scheduled municipal election to
line 37      be held throughout the city not less than 114 days from the call of
line 38      the special election.
line 39        (d)  (1)  Notwithstanding subdivision (b) and Section 34902, an
line 40      appointment shall not be made to fill a vacancy on a city council

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   line 1   if the appointment would result in a majority of the members
  line 2    serving on the council having been appointed. The vacancy shall
  line 3    be filled in the manner provided by this subdivision.
  line 4       (2)  The city council may call an election to fill the vacancy, to
  line 5    be held on the next regularly established election date not less than
  line 6    114 days after the call.
   line 7      (3)  If the city council does not call an election pursuant to
   line 8   paragraph (2), the vacancy shall be filled at the next regularly
  line 9    established election date.
line 10        (e)  If the city council of a city that elects city council members
line 11     by or from districts elects to fill a vacancy on the city council as
 line 12    a result of a city council member resigning from office by
line 13     appointment, the resigning city council member may cast a vote
line 14     on the appointment if the resignation will go into effect upon the
line 15     appointment of a successor.




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